southern california dui defense lawyer

It was recently reported in the OC Register that a woman was arrested on suspicion of drunk driving after she crashed into a parked pickup truck in front of a police cruiser. Jennifer Bowman, 36, was driving a black Acura when she crashed into a Toyota pickup. The parked truck suffered major damage in the collision.
Bowman will most likely be charged with driving under the influence. Under California Vehicle Code Section 23152, it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle. The person can also be charged with a DUI if he or she was driving while having a BAC of 0.08% or more.

A first time conviction for a DUI can be punished by imprisonment in county jail for up to six months. The court will also issue a fine and suspend the driver’s driving privileges.

If you or a loved one is facing a charge for drunk driving, it is important that you speak with an experienced Los Angeles DUI attorney. At Wallin & Klarich, our Orange County DUI attorneys have over 30 years of experience. Our attorneys are highly knowledgeable in the most up-to-date DUI laws and will aggressively fight to get you the best possible result in your case. Call us today at (888) 280-6839 or contact us through our website at www.wklawdui.com. We will be there when you call.

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The Los Angeles Daily Journal Appellate Report recently reported that Benito Garcia’s driver’s license was properly suspended after he refused to submit to a chemical test following his arrest for drunk driving. Garcia had been driving erratically and was pulled over. Officers noticed a strong odor of alcohol on Garcia’s breath and other signs of intoxication and administered a field sobriety test, which he failed. The officers arrested Garcia and informed him that he was required by law to submit to either a blood or breath test to determine his blood alcohol level. Garcia refused and his license was suspended even though he eventually completed a test showing his blood alcohol level to be at 0.28. The court found that Garcia’s delayed submission to a chemical test did not allow him to avoid the consequences of his initial refusal and that his license was properly suspended.

Under California Vehicle Code Section 13353, if you are arrested for driving under the influence and refuse to submit to, or fail to complete, a chemical test you will be subject to a suspension of your license for a period of one year. It is important to note that consent to a chemical test that is not clear and unambiguous may be deemed a refusal as well.

If you have previously refused a chemical test following an arrest for drunk driving, or if you have been arrested for reckless driving, underage drinking, or driving under the influence, within the past ten years, you will lose your driving privileges for two years. However, if any of these arrests or violations has occurred twice within the past ten years, your license will be suspended for three years.

Losing your license is very serious, especially in California where driving a vehicle is one of the only modes of transportation. If you or a loved one has been arrested for driving under the influence it is important that you retain our experienced legal representation immediately. The defense attorneys at Wallin & Klarich have been handling DUI cases for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you the best possible outcome. Call Wallin & Klarich today at (888) 749-0034 and visit us on our website at www.wklaw.com to speak with one of our attorneys regarding your case. We will be here when you call.

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Recent headlines are reporting that a 17-year-old high school student died after apparently drinking too much alcohol at a party for high school teenagers. According to reports, the party promoters advertised the party on Facebook and charged an admission fee of $5. The news went on to report that the 18-year-old party host threw the party while her parents were out of town and provided the alcohol for those in attendance.

Tragically, one of the teens in attendance apparently drank too much and died. A criminal investigation is now underway. Those found to be responsible could face serious consequences.

California Business and Professions Code section 25658(c) states:

• Any person who violates subdivision (a) by purchasing any alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a person under the age of 21 years, and the person under the age of 21 years thereafter consumes the alcohol and thereby proximately causes great bodily injury or death to himself, herself, or any other person, is guilty of a misdemeanor.

If anyone is found liable for violating B&P 25658(c), the persons responsible may face a minimum of six months in jail and a maximum of one year in county jail. [Cal B&P 25658(e)(1)]

With the stakes so high, it’s important that the people being investigated do two things:

1. Assert their right to remain silent and
2. Get an attorney as soon as possible

Having an attorney guiding you through the legal process is extremely important and can mean the difference between the case being rejected by the District Attorney or a conviction. If you or a loved one is being investigated for a similar crime, please don’t hesitate to contact Wallin & Klarich as soon as possible. Contact the experienced Pasadena criminal defense lawyers at Wallin & Klarich today at 1-888-764-2615 or www.wklaw.com for a consultation of your case. Your criminal defense attorney can devote the time to your case which will ensure a thorough defense and a protection of your rights.

Source:http://www.pasadenastarnews.com/news/ci_14029947?source=rss

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Governor Schwarzenegger signed a bill – SB 598 – which will give a repeat DUI offender the opportunity to apply for a restricted driver license with an ignition interlock device placed on their vehicle. The bill will impact both second-time DUI and third-time DUI offenders.

Under existing law, a person convicted of a second-time DUI must serve at least 12 months of a two-year license suspension before applying for restricted status. The new SB 598 law shortens the 12-month period to 90 days. Similarly, under existing law, a person convicted of a third-time DUI who was required to serve 12 months of a three-year suspension before applying for restricted status must now wait only six months.

A suspended license prohibits your driving privilege entirely. A restricted license allows you to drive to and from work or school, and to and from a court-ordered DUI program.

Two critical elements of SB 598 include the following: (1) A person who wants to take advantage of the shortened period must install an ignition interlock device (IID) on any vehicle he or she drives and (2) the law does not go into effect until July 10, 2010.

Most individuals charged with DUI in Southern California are not aware of the most current DUI laws which may directly impact DMV-related driver’s license suspensions. At Wallin & Klarich, our aggressive Southern California DUI defense lawyers have been protecting the rights of those charged with DUI for many years and understand just how high the stakes can be against you. Contact our aggressive attorneys today by calling 888-764-2615 or visit www.wklaw.com for more information. We will be there when you call.

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